Ask The Legal Practitioner- Landlord & Tenant Palava - Family - Nairaland
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| Ask The Legal Practitioner- Landlord & Tenant Palava by Legalissues: 12:08am On Nov 25, 2018 |
This thread is created to trash out issues relating to landlord and tenant. Feel free to come in with your issues and get proper advice LEGAL TIPS!!! HOW TO TERMINATE A TENANCY. �♀�♀�♀ Can a tenancy be terminated?? Certainly Yes �♀�♀�♀ Does this mean a landlord can just wake up one morning and ask his tenant to leave because he doesnt like his face anymore?? No! No! No! There are actually statutory grounds for eviction. �Arrears of rent �Property in need of repair �Landlord requires it for personal use �The tenant in question is a bad tenant. �♀�♀�♀ What then is the procedure when a landlord wants his tenant out based on any of these grounds. �He should issue a LETTER OF AUTHORITY TO HIS LAWYER TO COMMENCE WITH THE EVICTION PROCESS OR HE COMMENCES THE PROCEDURE BY HIMSELF. �A lawyer after receiving a letter of instruction from a landlord would immediately issue a NOTICE TO QUIT on the tenant. In a situation where a landlord is not employing the service of a lawyer his first step in the eviction process is to issue a NOTICE TO QUIT. �♀�♀�♀ WHAT ARE THE STATUTORY TYPES OF NOTICE TO QUIT?? �6 Months Notice to Quit - This is the appropriate notice to be issued on a yearly tenant. �3 Months Notice to Quit- This is the appropriate notice to be issued on a half a year /quarterly tenant. �A Month Notice- appropriate Notice to be issued on a monthly tenant. �7 days Notice of Owner's Intention to Recover Premises- appropriate notice to be issued on a tenant at Will after which an action is immediately institued. �♀�♀�♀ WHAT HAPPENS AT THE EXPIRATION OF THE NOTICE TO QUIT AND THE TENANT REFUSES TO GIVE UP POSSESSION?? The landlord or his lawyer would issue a 7 DAYS OF OWNER'S INTENTION TO RECOVER PREMISES and at the expiration of 7 days an action would then be instituted to recover premises. �♀�♀�♀ Does this mean a tenant in arrears of rent should also be issued a Notice to quit?? No! No! No! Immediately a tenant defaults in payment of rent when due, he immediatly because a TENANT AT WILL and thus, no longer entitled to a notice to quit but a 7 DAYS NOTICE OF OWNER'S INTENTION TO RECOVER PREMISES. 1 Like |
| Re: Ask The Legal Practitioner- Landlord & Tenant Palava by Nobody: 8:39pm On Nov 25, 2018 |
Cool. What are the options open to a Landlord when a tenant is leaving his property at the expiration of rent but has unpaid accumulated electricity bill? |
| Re: Ask The Legal Practitioner- Landlord & Tenant Palava by Legalissues: 12:32am On Nov 26, 2018 |
faceURfront: You should either involve the police so he would be compelled to pay or visit a mediation centre. |
| Re: Ask The Legal Practitioner- Landlord & Tenant Palava by Legalissues: 2:24pm On May 29, 2019 |
Having Landlord and Tenant issues  *Spill it out |
| Re: Ask The Legal Practitioner- Landlord & Tenant Palava by Jagaban880: 3:33pm On May 29, 2019 |
i instituted a writting agreement with a new tenant..he was supposed to pay #36,000 thousand naira ..for one year rent...he pleaded and begged that i should accept/collect #30,000 he promised to complete the remaining sum by month end....i was merciful collected the available..sum..but a writting agreement was intiated ..with a stipulated date.....to cut de strory the guy still de owe me.....any advice 4 me? cc Legalissues |
| Re: Ask The Legal Practitioner- Landlord & Tenant Palava by peacengine(m): 4:51pm On May 29, 2019 |
Legalissues: Boss that last paragraph is interesting, pls expatiate on it |
| Re: Ask The Legal Practitioner- Landlord & Tenant Palava by Legalissues: 5:36pm On May 29, 2019 |
Jagaban880: 1 Like |
| Re: Ask The Legal Practitioner- Landlord & Tenant Palava by Jagaban880: 5:39pm On May 29, 2019 |
Nice 1 op  |
| Re: Ask The Legal Practitioner- Landlord & Tenant Palava by Jagaban880: 6:05pm On May 29, 2019 |
Legalissues: The bolded part ...is it applicable to tenants in arrears of one month rent? i have three tenants owing ....me....the first -two ... three month rent while de last 1 is owing me one month+ rent arrears anoda issue how can i legally deal with those tenants who tend to pack their belongings in de middle of the night ...without paying me my money/rent? |
| Re: Ask The Legal Practitioner- Landlord & Tenant Palava by Legalissues: 2:12pm On May 30, 2019 |
Jagaban880: Did you execute a tenancy agreement with your tenants when u were taking them in? This TENANCY AGREEMENT is very fundamental cos you should have clearly stated all issues bordering on the eviction process. If this was done you would now be guided now by what ur agreement stipulates. In the absence of such tenancy agreement, the statutory provisions becomes operative and going by this the evuction process is as thus _ issuing of notice to quit - issuing of 7 days Notice of owners intention to recover possesion. NOTICE TO QUIT NEED NOT BE GIVEN IN THE FOLLOWING SITUATIONS - Where the tenancy agreement is for a FIXED TERM and expires by efflusion of time. The rationale here is that where a tenany is created for a fixed term e.g Mr A tenancy commences 3rd of Jan 2019 and would come to an end 2nd January 2020, then there is apparently no need for a notice to quit cause based on this arrangement the tenancy was not meant to roll over except the tenant take steps to make a new payment and if the landlord accepts then a new tenancy commences. COS THE MAIN PURPORT OF A NOTICE TO QUIT IS TO BRING AN EXISTING TENANCY TO AN END.Thus in respect of a periodic tenancy where the tenancy would automatically roll over immediately one lapses then the issuance of a quit notice becomes inevitable in bringing the tenancy to an end.The importance of a TENANCY AGREEMENT also comes to play here. Where you have a tenancy agreement, it would be clearly couched that what is being created is a fixed tenancy and immediately a tenant rent expires and he doesn take steps to renew , he immediately becomes a tenant at will in your property and all you need to do is issue him with a 7 days Notice of Owners Intention to Recover Possession . - Where a monthly tenant is in arrears of rent for 6months or a quaterly/half a yearly tenant is in arrears of 1 year, notice to quit should also be dispensed with and his eviction process should be commenced by giving him 7 days Notice of Owners Intention to Recover Possession. In your case here , whether you can intiate the eviction proces of yours by dispensing with a notice to quit now depends on the terms of the tenancy agreement when u took them in or if what you have with them is a fixed tenancy . As for those tenants packing their belongings in the middle of the night that can be handled by the services of the police but that is if what they are owing u is worth it cause you know police na for nija. U would drop something sha ni. 1 Like |
| Re: Ask The Legal Practitioner- Landlord & Tenant Palava by Legalissues: 10:26am On May 31, 2019 |
LEGAL TIPS!!! NOTICE TO QUIT �♂�♂�♂WHAT IS A NOTICE TO QUIT?? This is a legal document normally served by a landlord on a tenant with the effect of terminating a tenancy agreement. �♂�♂ WHO CAN EXECUTE A NOTICE TO QUIT?? This can be done by a landlord himself or his solicitor acting on his instructions. �♂�♂CAN A NOTICE TO QUIT BE SERVED DURING THE SUBSISTENCE OF A TENANCY AGREEMENT?? Of course yes, �♂ WHAT?? Yes the rationale is that the purport of the notice is to notify a tenant that he should not renew his tenancy at the expiration of the running one and he should give up possession. ❌❌❌❌❌ ❌❌❌❌❌ ABSOLUTE MISCONCEPTION OF THE LAW BELIEVING IT IS WRONG TO ISSUE A NOTICE TO QUIT DURING THE SUBSISTENCE OF A TENANCY. |
| Re: Ask The Legal Practitioner- Landlord & Tenant Palava by PuZZyNegro: 11:05am On May 31, 2019 |
Legalissues: Are you a qualified lawyer? How many years experience? Where do you live? I want to purchase a land and need a competent lawyer |
| Re: Ask The Legal Practitioner- Landlord & Tenant Palava by Legalissues: 11:29am On Jun 01, 2019 |
LEGAL TIPS!!! # IMPORTANCE OF A TENANCY AGREEMENT �♂�♂WHAT IS A TENANCY AGREEMENT?? This is a formal documentation of all the terms a tenancy agreement would be regulated by. �♂�♂ IS THIS DOCUMENT IMPORTANT?? Yes it is very important and must not be dispensed with. �♂�♂WHY?? �It is the bedrock of the agreement. �All terms regulating the tenancy would be explicitly stated here. �♂�♂WHAT THEN ARE THOSE IMPORTANT TERMS THE TENANCY AGREEMENT SHOULD CONTAIN?? �Name of both the landlord and the tenant. �The rent of the demised premises. �Description of the demised premises. �Duration of the tenancy �Mode of eviction of the tenants - Very very important because this term would actual dictate how a tenant can be evicted. NOTE THE STATUTORY PROVISIONS e. g a 6months notice for a yearly tenant only becomes necessary where the tenancy agreement didnt make provision in that regard or there is no tenancy agreement, thus the eviction of bad tenants can be made very easy depending on how this clause is drafted. �Right of peaceful possession of the demised premises by the tenant. �Do's and Don't e. g tenant not to sublet. �Who is to take care of structural repairs. �The list is actual endless as to what to include in the tenancy agreement. All necessary terms, so far they are legal can be included. �♂�♂HOW THEN DOES THIS DOCUMENT AFFECT THE TENANCY?? IT Protects the landlord's property and it is actually the tenants bread and butter, as all tyrant acts of the landlord can be easily checked. Thus, tenants always insist on a tenancy agreement when taking up any property and all Landlords should also endeavor to execute this document when letting out your properties. Cheers! |
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